71 SOUTH WACKER DRIVE, CHICAGO, IL 60606 - 4637, USA
- Tel:
- Work +1 312 782 0600
- Fax:
- Fax +1 312 701 7711
- Web:
- www.mayerbrown.com
- Email:
What we say about the firm's legal practice in United States
Finance
Within Asset finance and leasing, tier 4
Mayer Brown has cross-border capability with a strong presence in Paris, where the team represents major aerospace banks such as BNP Paribas and Credit Agricole, as well as airlines. In Asia, the firm has a significant presence as Mayer Brown JSM and is particularly well known for its ship finance practice in Hong Kong, where it advises HSBC on ship finance matters. In the US, the practice is led by George Miller in New York, although the group draws on the experience of lawyers in Chicago and Los Angeles. The US team, which is smaller than most rivals with six partners and 12 associates, advises on a diverse range of finance structures and its ‘industry knowledge is strong’ across a number of sectors. The core group is well supported by a number of tax lawyers including Jeff Davis in Washington DC and William Levy in Chicago – ‘both are smart, hardworking, responsive to client needs, steeped in federal tax law and have deep industry knowledge’. Demonstrating the global reach of the practice, the team recently represented a major US industrial company and its German subsidiary on a €315m deal regarding the synthetic lease of an electricity and steam co-generation plant. The group also acted for Santander Drive Auto Receivables LLC on the issuance of an aggregate of $6.3bn in notes backed by sub-prime auto loans. In the aviation space, Bob Barnard advised Jackson Square Aviation LLC on a $400m secured credit facility for the financing of aircraft.
Within Bank lending (including other sources of financing), tier 5
Mayer Brown has a sizeable and ‘very knowledgeable and responsive’ leveraged finance group based across Charlotte, Chicago, Houston, New York and Washington DC, handling a good balance of lender and borrower transactions for high-profile clients. It acted for Bank of America MGM Resorts International as arranger in a $4.73bn senior secured credit facility for MGM Mirage Resorts International; the deal proved to be highly complex, including extending and non-extending tranches and revolving and term loan tranches. It also acted for Bank of Nova Scotia in the $675m restructuring of senior secured peso and dollar loans to Mexico’s Lamosa, involving subordinated debt and complex inter-creditor matters. The group welcomed the arrival in Chicago of Paul Astolfi from Kirkland & Ellis LLP, who has notable leveraged acquisition and securitization expertise. Tristan Propst in Houston is ‘outstanding’ and a ‘privilege’ to work alongside; and Chicago-based practice head Douglas Doetsch stands out for his ‘constant efforts to protect clients’ interests’. Other recommended partners are Robert Baptista in Chicago, and Timothy Ryan in Charlotte, who is noted for his work with Bank of America.
Within Capital markets: debt offerings, Mayer Brown is a third tier firm,
Mayer Brown’s securities practice is ‘responsive and nimble’, and has experience advising both issuers and underwriters. The team ‘always comes through’ for clients, and has ‘a great deal of knowledge about the debt markets’ as well as being ‘on top of the latest trends and terms’. The focus of the practice remains in Chicago, where the team has experience advising issuers, illustrated by Philip Niehoff’s recent advice provided to longstanding client Abbott Laboratories regarding a $3bn notes offering. Michael Hermsen also advised TransCanada PipeLines in a $1.25bn senior notes offering. The team has an active practice in New York, and also in Houston, with the latter attracting many oil and gas instructions. The addition of Dallas Parker, former managing partner of the Houston office of Thompson & Knight LLP in March 2010, increased the firm’s profile in the area. Providing ‘excellent underwriter counsel’ in Chicago, Edward Best, together with new partner David Bakst in New York, who joined from
Eiseman Levine Lehrhaupt & Kakoyiannis , represented the Canadian Imperial Bank of Commerce in a $1.5bn offering of senior notes, a transaction demonstrating the firm’s cross-border capabilities. Best also advised Barclays Capital in a $750m and a $1.75bn offering by The Dow Chemical Company, and Morgan Stanley in the $850m senior notes offering by Dr Pepper Snapple Group. Singled out as a ‘guru’ for his expertise in debt offerings, Chicago-based David Schuette ‘balances legal expertise with a practical business perspective’. The team is praised for its ‘practical, not theoretical, advice’.
Within Capital markets: equity offerings, Mayer Brown is a third tier firm,
An ‘outstanding firm’, Mayer Brown has an increasingly active equity offerings practice, and is praised for its issuer work. The team provides ‘extremely high levels of service’ and is rated for its ‘tremendous industry knowledge in the midstream oil and gas space’. Houston-based Dan Fleckman is noted for his expertise, and counts Regency Energy Partners as a key client. ‘Very knowledgeable and practical’ former SEC assistant director Michael Hermsen, together with David Malinger, provided issuer advice to ProLogis regarding its $1.13bn offering of common shares. Diego Rotsztain joined the team in January 2010 from Davis Polk & Wardwell LLP, bringing substantial issuer and Latin American experience to the practice. ‘One of the best people to work with’, Edward Best led in advising Goldman Sachs as underwriter of a $700m common shares offering by MGIC Investment Corporation. John Berkery joined the firm’s New York office in February 2010 from Shearman & Sterling LLP, and advised JPMorgan Securities as underwriter of Comerica’s $800m offering of common stock, alongside Best. The team is also rated for its ‘reasonable fees’ and ‘appropriate advice’.
Within Corporate restructuring, tier 5
Driven out of its New York headquarters and aided by a strong offering in Chicago, as well as an impressive international footprint, Mayer Brown’s nine-partner practice advises a predominantly creditor-focused client base across the spectrum of matters including out-of-court workouts, all aspects of Chapter 11 and Chapter 7 cases, DIP financings and plan formation and confirmation matters. The firm’s real expertise, however, lies in its representation of senior secured lenders, where, as well as being able to tap into the vast substantive knowledge of lawyers, it is also fed a regular pipeline of work from longstanding institutional banking clients of the firm. However, the team is also often called in to represent the lenders on matters where it did not arrange the initial loan. It recently represented Merrill Lynch on Lyondell’s $16bn insolvency. As well as advising it in its capacity as a joint lead arranger of an $8bn DIP loan, the team also represented it in litigation brought by the official unsecured creditors committee alleging claims of constructive fraud, equitable subordination, and aiding and abetting liability. Led by Tom Kiriakos, the team continues to advise Bank of America, as the administrative agent under a $7bn credit facility in relation to MGM Mirage’s $15bn restructuring. Brian Trust heads a team that was recently bolstered by the arrival of Howard Beltzer. Formerly co-head of the restructuring group at Morgan Lewis, Beltzer brings a wealth of experience with him across both debtor and creditor mandates. Other notable practitioners include Frederick Hyman, Sean Scott and Joshua Cohen, who is ‘excellent on derivatives-related insolvency issues’. Clients include Bank of America, Barclays Bank, Citigroup, Deutsche Bank and BNP Paribas.
Within Financial services: regulatory, tier 4
Mayer Brown provides ‘consistently excellent, very responsive and cost conscious regulatory advice’ to an excellent roster of domestic and international financial institutions including Associated Bank, Northern Trust Corporation, Sumitomo Mitsui Banking Corporation, Toronto-Dominion Bank, UBS and Wells Fargo. Active across the regulatory waterfront, the firm has assisted clients on a range of issues arising out of the financial downturn, including financial assistance and investment opportunities. The practice has also provided ‘invaluable advice’ to clients on the scope and impact of the recent legislative changes affecting the financial services sector. It is advising a leading funds transfer service on its response to Dodd-Frank, including identifying potential new business opportunities brought about by its enactment, as well as potential changes to its regulatory framework. Benefiting from a strong international network of offices, the 30-strong team’s reach extends to international mandates such as its recent work for a major US financial institution on its merger with a sister bank which drew on the regulatory resources of lawyers on three continents. Co-leader of the team Charles Horn is ‘well regarded and very knowledgeable in bank regulatory matters and knows regulatory officials if contact needs to be made’. Co-head Scott Anenberg ‘frames issues in a business context and clearly illustrates the pros and cons of alternative strategies’. As part of his broad-reaching practice, Anenberg has developed a reputation as a go-to-person for foreign banks seeking geographic expansion as a result of ‘his familiarity with the foreign banks’ concerns’. The ‘responsive and knowledgeable’ Thomas Delaney and Jeffrey Taft are recommended, as is David Sahr, who has a particular niche advising foreign banks on establishing their operations in the US and is praised for his ‘solid knowledge of the field’.
Within Project finance, Mayer Brown is a second tier firm,
Mayer Brown has a good spread of expertise in Chicago, Houston, New York and Washington DC. While it has historically been known for its international focus, the group has made great strides in the domestic US market and has diversified its expertise and sector coverage. The group has expanded with the addition of Paul Astolfi in Chicago, from Kirkland & Ellis LLP, and Jose Valera in Houston, from Thompson & Knight LLP (the latter with an energy focus). On the lender side, Washington DC partner Christopher Erckert acted for Banco Nacional de Obras y Sevicios Públicos, and Banco Santander on the plan to finance the $700m Nuevo Pemex co-generation facility in Tabasco, Mexico, a significant deal for the country; and teams in Chicago and New York are assisting Denver Transit Partners as designated financing counsel on the $2bn FasTracks Eagle PPP commuter rail scheme in Denver. The group is also acting for the International Finance Corporation, US Ex-Im Bank and others on the financing of the $200m La Ventosa-La Mata wind power facility in Mexico. On the sponsor side, the Chicago team, led by John Schmidt, David Narefsky and Joseph Seliga, has been representing the Puerto Rico Public-Private Partnerships Authority on the proposed PPP deal involving the Luis Muñoz Marín International Airport in San Juan. The firm also assisted Acciona Wind Energy USA on the $100m debt financing of its EcoGrove wind farm in Illinois; the firm has represented Acciona on several projects in recent years, including negotiating engineering, construction, and turbine supply agreements. Barry Machlin is a key and influential figure, both at the firm and in the wider market, and is regarded as a leading individual in US project finance. Other recommended partners are Robert Goldberg in Houston, and George Miller in New York; both enjoy very good reputations.
Within Structured finance , Mayer Brown is a first tier firm,
Mayer Brown provides a service which is characterized by ‘timeliness, nurturing and building long-term relationships, and consistent care and attention from lawyers of different seniorities’. Client-credited with ‘knowledge of the securitization industry that is impressive and very comprehensive’, the firm’s innovative expertise also extends into every corner of the debt markets. Practice members are based in the Chicago, Charlotte, New York and Washington DC offices. In New York, Jason Kravitt’s ‘unparalleled knowledge and expertise’ continues to be exercised as co-chair of the securitization practice and, currently, in his contribution to a steady stream of high-value contentious matters. Chicago-based Doug Doetsch, co-chair of the Latin American group, and James Patti, who divides his time between Chicago and London, have leveraged the structured finance practice off the global reach of the firm into the emerging markets of Asia, Latin America and Africa, as well as Russia, Turkey and Kazakhstan. The group has also built niche practices in the environmental, carbon and alternative energy securitization market. Jon Van Gorp is ‘a strong business counselor – he comes up with solutions and utilizes the expertise of his partners in a surgical way to find the answer quickly’. Chicago-based Van Gorp and group co-chair Stuart Litwin recently represented JPMorgan Securities and RBS in the first-ever US offering of securities backed by Australian auto leases; the auto leases were originated by Macquarie Leasing. In Charlotte, Carol Hitselberger’s ‘knowledge of the ABCP industry is very deep and she has a notable ability to deal with clients’; during 2010, she assisted Bank of America as agent in the restructuring of a cross-border receivables securitization involving various Asian and European jurisdictions, including Malaysia, Germany and Sweden. Other client-nominated experts include, in New York Joshua Cohn, the head of the US derivatives & structured products group and co-chair of the global practice, and Paul Jorissen, whose broad practice includes complex derivatives, credit default swaps and asset-backed securities. In Chicago, George Pecoulas, for the securitization of installment finance and trade receivables, and Paul Forrester, whose extraordinarily wide practice includes securitization, derivatives and many other structured products, are both recommended. Practice group clients include Banc of America Securities, Hyundai, Carrington Capital Management, Citigroup, Standard Chartered Bank and Turkiye Garanti Bankasi.
Industry focus
Within Environment: litigation, Mayer Brown is a third tier firm,
Mayer Brown’s six partner team is ‘strong and provides excellent all-round advice’. The firm regularly represents clients before EPA, DOT, FAA and other federal and state agencies as well as advising on legislative strategies for environmental matters, including permitting and climate change. The firm advises Nicor on its manufactured gas plant work, overseeing significant litigation, permitting, and governmental investigations relating to the presence of coal tar and related PAH materials at numerous former facilities. It is representing Dow Chemical against allegations that the client’s (and an array of oil, coal, power and chemical companies) emissions of greenhouse gases caused the oceans to warm, which caused Hurricane Katrina to be stronger than otherwise would have been the case, which increased the damage the hurricane caused to plaintiffs’ properties. Other highlights included representing LaFarge in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action initiated by the City of Waukegan against industrial tenants in connection with historic PCB contamination of the Port of Waukegan, Illinois by another entity, Outboard Marine. Clients also include Cargill, Caterpillar, CMS Energy, United States Sugar and Valero Energy. The practice is co-headed by Thomas Skinner and John Hahn in Chicago and Washington DC respectively.
Within Insurance: advice to insurers, Mayer Brown is a third tier firm,
In the domestic market, Mayer Brown’s insurance industry group undertakes the full range of reinsurance work, while direct coverage matters are handled specifically by the appellate team and in the firm’s international work. Peers are quick to single out Clifford Schoenberg for his expertise in the reinsurance field, and see the firm as a strong player in this space. Fred Reinke, formerly of Dewey & LeBoeuf LLP, recently joined the group, and has a focus on class action litigation, particularly representing insurance and reinsurance companies. Brian O’Sullivan is co-leading the team in its representation of an officer of a major insurance broker, in a number of class actions brought by investors in connection with the Allen Stanford Ponzi scheme, one of the largest alleged frauds in the US. The firm is also acting for a leading insurance company in litigation pending in federal court against its reinsurer, in relation to amounts allegedly owed under reinsurance and retrocessional agreements.
Within Insurance: non-contentious, tier 4
Mayer Brown saw its insurance industry group grow in 2010 with the addition of Vikram Sidhu (of counsel), John Drnek (associate) and David Alberts, all formerly of Lovells. Among the firm’s client base are insurers, reinsurers and investors ranging from private equity firms and hedge funds to investment banks. Recent highlights include acting for ACE in its $1.1bn acquisition of the outstanding common stock of Rain and Hail Insurance, the crop insurance underwriter; Lawrence Hamilton played a key role in this transaction. Chicago-based Edward Best led the firm’s advice to Assured Guaranty in two issuances of common shares on the New York Stock Exchange, with an estimated value over $1bn. Current work includes advising Randall & Quilter in the acquisition of Reinsurance Solutions (UK), Reinsurance Solutions (US) and Excess & Treaty Management from Marsh and Guy Carpenter & Company. The team is also advising Soros Fund Management in connection with the establishment of Bermuda-based reinsurer Q Re Group. Other clients include Bank of America Merrill Lynch, CNA, Deutsche Bank, JPMorgan, Munich Re and Travelers. Head of the insurance industry group Kenneth Pierce is recommended, and the team is further strengthened by the tax expertise of George Craven and Russell Nance.
Intellectual property
Within Overview,
New York-based Darby & Darby, one of the oldest IP boutiques in the US, was dissolved, with lawyers leaving to join general practice firms such as McDermott Will & Emery LLP and Stroock & Stroock & Lavan LLP, while San Francisco’s Townsend and Townsend and Crew merged with Kilpatrick Stockton to form Kilpatrick Townsend & Stockton at the start of 2011. Once one of the IP powerhouses,
Howrey LLP dissolved in April 2011. Among the key high-profile partner moves, former IP co-chairs William Rooklidge and Alan Grimaldi went to Jones Day and Mayer Brown respectively, while Dewey & LeBoeuf LLP hired a number of West Coast-based lawyers, including former vice-chairman Henry Bunsow. Bert Reiser, a key lawyer in Section 337 cases, and Matthew Moore, went to Latham & Watkins LLP. Matthew Wolf and counsel Marc Cohn moved to Arnold & Porter LLP.
Within Patent litigation: full coverage, tier 6
Mayer Brown is well regarded for its overall IP capabilities and provides ‘attention to client business needs’, with its ‘international presence a big plus’. Key clients include Bristol-Myers Squibb, Solvay, Philips, Sony, McDonald’s and Nestlé. Brian Nolan acted alongside Duane David-Hough in a smart phone-related dispute for Avago Technologies, and defended GSK in an infringement case brought in relation to its cancer treatment drug. Joseph Mahoney provides strong expertise in Hatch-Waxman litigation, and is currently representing Galderma Laboratories and Dow Pharmaceutical Sciences in a dispute against a generics rival, regarding the protection of its Metrogel product. John Mancini is currently defending a Nestlé subsidiary against a food processing-related patent infringement allegation, while Gary Hnath leads on Section 337 investigations and focuses on China-based entities, with recent ITC cases involving food processing patents.
Within Trademarks: litigation, tier 5
With a full-service practice, Mayer Brown can draw on a team across its East Coast, Central and West Coast offices, with broad experience in litigating at various levels and a notable client base which includes Nestlé USA and YouTube. IP litigator John Mancini led on many of the practice’s recent highlights, including a trademark infringement win for Entertainment One as defendant in a case brought by well-known television network E! Entertainment to prevent the client from re-branding itself with the ‘E1 Entertainment’ mark; the lawsuit was denied with the decision affirmed on appeal. Nestlé remains a major client, with two favorable settlements achieved for the global food corporation, including an infringement action brought by Weight Watchers International against Nestlé and Dreyer’s Grand Ice Cream regarding the ‘Weight Watchers’ and ‘Points’ trademarks. Other notable attorneys include Richard Assmus and Michael Adams in the Chicago office, who both have experience in federal court and TTAB proceedings, and recently acted on a case involving cybersquatting, infringement and unfair competition issues.
Investment fund formation and management
Within Private equity funds, tier 4
Mayer Brown’s nine-partner private equity investment management team is primarily based in Chicago and delivers ‘top-notch service, with a reasoned and practical approach’ across the REITs and private equity sectors, with a notable capability in real estate private equity funds. The group attracts significant clients including GEM Realty Capital, CB Richard Ellis Investors and UBS. Highlights in 2010 included representing Macquarie Capital on forming an infrastructure fund, and advising Mesa West Capital on forming Mesa West Real Estate Income Fund II, a closed-end real estate debt fund focused primarily on making first mortgage loans in the western United States with total capital commitments of $612m. The team also represented GEM Realty Capital on forming a closed-ended real estate fund to make opportunistic and value-added investments in real estate debt, operating companies and properties. ‘Overall the team is quite deep and the counsel vital to clients’ success’, but special praise is reserved for practice leader John Noell, whose ‘strengths are too numerous to detail, although his practicality and keen commercial sense are of particular note’. Michael Butowsky in New York is recommended.
Litigation
Within Product liability and mass tort defense: toxic tort, Mayer Brown is a second tier firm,
Mayer Brown’s practice is actively involved in numerous cases involving asbestos, diacetyl (the so-called “popcorn lung” litigation for Chemtura), and other chemicals. The firm has a longstanding relationship with Dow Chemicals and recently defended it in Comer v Murphy Oil, a multi-defendant case brought by Mississippi property owners alleging that energy companies contributed to climate change and increased the damage wrought by Hurricane Katrina. The group also defended the same client in a consolidated action brought by Alabama coal miners alleging injury caused by exposure to defective products. Other recent work includes defending NXP Semiconductors in two parallel toxic tort actions involving former manufacturing workers alleging that chemical exposure caused birth defects in children. Herbert Zarov is ‘one of the deans of the practice’, while Daniel Ring and Craig Woods are also recommended. All three are based in Chicago.
Within Supreme Court and appellate, Mayer Brown is a first tier firm,
Mayer Brown’s undisputed position as a pioneer in US Supreme Court and appellate litigation stretches back to 1982 when Stephen Shapiro, regarded by some as ‘the best US Supreme Court advocate in the country’, founded this dedicated practice. Shapiro is ‘a brilliant strategist, has a keen analytical mind and the ability to write in an incredibly clear, persuasive and compelling way’. This ‘excellent’ and ‘very deep’ team now has 55 attorneys where the ‘bench strength is a never-ending parade of the best and the brightest’, including four former deputy solicitors general, and three former assistants to the solicitor general. Kenneth Geller is ‘a great asset’, while Evan Tager, Dan Himmelfarb and Andrew Tauber ‘combine scarily smart legal minds and outstanding communication skills with pleasing styles’. Timothy Bishop is ‘superb and provides exemplary service’, Andrew Pincus is an ‘excellent US Supreme Court oralist’, and Andrew Frey provides ‘a razor sharp intellect and sees legal issues in a clear and simple way. His ability to boil a legal issue down to its core is exceptional’. In the 2008 and 2009 terms, the firm argued eight cases before the US Supreme Court, and is scheduled for four more in the 2010 term. One of these is AT&T Mobility LLC v Concepcion, where the firm is representing AT&T in a matter that could have a huge bearing on other class actions or class arbitrations, as it will consider whether the Federal Arbitration Act preempts California’s Discover Bank rule on class waivers. Another case is for CSX Transportation, which will decide whether the Federal Employers’ Liability Act requires a plaintiff to prove proximate causation, a question of critical importance to the railroad industry that has long divided the lower courts. Other major clients include Altria Client Services (Philip Morris), which it is representing across a swathe of tobacco-related litigation; American Honda Motor; and Medtronic Inc.
Within Trade secrets, Mayer Brown is a third tier firm,
Mayer Brown’s global client base receives protection of trade secrets through the drafting of agreements to prevent disclosure to advice on policies; employee education to ensure retention of business-critical material; and representation in courts and tribunals to retain or defend sensitive information. The support of the firm’s competition and IP departments has been crucial in obtaining favorable outcomes in recent cases such as that relating to misappropriation of interactive video content, in which novel issues of cross-border intellectual property protection, exploitation, and first-mover advantage were examined. John Mancini represented a railway manufacturer in an arbitration against its former licensee arising from the licensee’s use of trade secrets to compete in bidding for contracts. James Ferguson achieved a dismissal of a claim for breach of contract and misappropriation of trade secrets brought against a financial sector client by an IT provider. Dale Giali, who moved from the defunct Howrey LLP, is also recommended.
Within White-collar criminal defense , tier 7
Mayer Brown provides an ‘excellent client service’ to corporates and executives across a broad range of criminal defense issues in a compliance, investigation and litigation setting. Although the firm recently lost a number of high-profile partners including David Krakoff and James Parkinson to
BuckleySandler LLP , it still has significant expertise, and with 14-former US attorneys among its 20-partner team has significant credibility before the regulators. Recent highlights include representing Danny Alvirez, as one of the defendants in a “FCPA sting case”. In what is the largest ever foreign bribery prosecution, the government took the unusual step of using wiretaps and a confidential informant to bring corruption charges against 22 dealers in the defense and law enforcement products industry. As part of her broad-ranging practice, co-head Lynn Neils has extensive FCPA expertise, while the recent hiring of Shannon Klinger, formerly in-house at Solvay Pharmaceuticals, gives the group additional strength within the increasingly heavily scrutinized healthcare industry.
Media, technology and telecoms
Within Technology: data protection and privacy, Mayer Brown is a third tier firm,
Mayer Brown’s multi-disciplinary privacy practice is supported by the firm’s international footprint and specialist expertise. Its experienced attorneys focus on financial services regulatory, intellectual property and technology outsourcing, handling the privacy and data security aspects of transactions as well as assisting stand-alone clients seeking specific advice on data protection, global data transfer and privacy. 2010 saw an increase in labor law and social media matters, a focus on regulations and proposed regulations around cross-border data transfers, cloud computing and e-discovery. New York-based John Mancini and his colleagues in the litigation department defended clients in class actions, private lawsuits, and FTC investigations relating to privacy issues and data breach response. In Washington DC, Jeffrey Taft advises financial institutions on compliance and privacy matters. Chicago-based Rebecca Eisner combines outsourcing and data privacy expertise. Highlights included representing educational publisher Houghton Mifflin Harcourt on outsourcing projects, global data transfers and data privacy matters pertaining to electronic products and services. Other high-profile clients include AXA Equitable, Harrah’s Entertainment, Dow Chemicals and Mead Johnson.
Within Technology: outsourcing, Mayer Brown is a first tier firm,
Mayer Brown’s ‘top notch’ 50-attorney practice is the acknowledged leader in this field, representing national and international clients in large scale outsourcing mandates. Led by Dan Masur in Washington DC, it handles onshore, near-shore and offshore information technology outsourcing (ITO) and business process outsourcing (BPO) transactions, from strategic out-tasking arrangements to multibillion-dollar, multi-tower global transactions. The group’s size and international scope make it first choice for clients, who commend its ‘excellent response times and business acumen’ and ‘deep global outsourcing expertise’. In 2010, mandates included complex, multi-source arrangements and renegotiating, restructuring and replacing existing arrangements to achieve cost savings and reflect technology advances. Cutting-edge design and build arrangements are deployed to drive innovation. Cloud computing has become a key component in many technology outsourcing deals. The practice handled the largest deals across a range of industries for longstanding clients including Procter & Gamble and Dow Chemical. The diversity of the work, both in terms of the industry and the specification of the appointment, underlines the group’s breadth of service on the customer side. ‘Superb negotiator’ Masur, together with the ‘responsive, knowledgeable, sharp, efficient’ Linda Rhodes and Paul Roy, advised new client LightSquared in a series of agreements associated with the design, construction, deployment, installation, operation and maintenance of the first-ever wholesale nationwide 4G wireless broadband network integrated with satellite coverage. In Chicago, data privacy and outsourcing expert Rebecca Eisner represented Williams Companies in the re-negotiation and extension of its finance and accounting outsourcing with IBM, and in the competitive re-sourcing of its IT infrastructure and application maintenance services. Kevin Rang, who has particular strength in facilities management is singled out for praise, as is Brad Peterson, who represented Walgreen in outsourcing its finance and accountancy operations to Genpact. David Hudanish in New York is also recommended. Other clients include TXU and VF Services.
Within Telecoms and broadcast: regulatory, Mayer Brown is a third tier firm,
Mayer Brown combines regulatory expertise with a nationwide telecoms litigation practice. Although the seven-partner group is relatively small, it provides ‘first-class service’ and has handled the majority of landmark cases under the 1996 Telecommunications Act in multiple forums. The national outlook afforded by the group’s long-term placement of resources in the Chicago office has put it among a small group of firms truly able to offer extensive litigation experience across the state courts and before the FCC. The group handled significant litigation matters before the FCC and in 40 states, including regulatory commissions, state and federal courts, federal Courts of Appeals for seven Circuits, and the US Supreme Court. In just 30 days during February and March 2010, partners in our group argued three appeals before the United States Court of Appeals for the Fifth Circuit – and won them all. 2010 saw increasing focus on net neutrality, wireless services and data infrastructure as well as an increase in class actions around the location of cell towers. The team represents major client AT&T in disputes with local authorities over local communications regulations. It is representing AT&T Mobility in several states where permission was denied for cell towers. Chicago partner Ted Livingston, who leads the practice, has represented AT&T dating back to the group’s formation, offering ‘excellent value, knowledge, advice and results’. He is currently handling numerous antitrust cases which involve communications regulatory rules and orders, and consumer class actions under the communications laws, successfully arguing for the dismissal of a class action challenging the FCC order prohibiting exclusive deals between video providers and owners of apartment complexes. Together with Hans Germann, Livingston successfully represented AT&T’s incumbent local exchange carriers in prosecuting suits in five federal courts of appeal, eight federal district courts, and three state regulatory commissions for violation of federal and state tariffs and breach of interconnection agreements obtaining a $31m judgment against the defendant carriers from a federal district court in North Carolina. Demetrios Metropoulos also represents AT&T in concurrent cases before regulatory commissions in several states concerning the rates AT&T pays for access to the networks of local carriers for AT&T customers’ intrastate long-distance calls. Although the team operates in a specific niche, it is recognized for offering a specialized set of skills that are matched by few in the market.
Mergers, acquisitions and buyouts
Within Antitrust, tier 4
Mayer Brown’s has a ‘first rate’ antitrust practice, underpinned by an eminent Supreme Court and appellate practice; Chicago-based Stephen Shapiro alone has argued over 25 US Supreme Court cases. Historically, the firm has successfully tried and/or handled on appeal some of the most significant antitrust cases, creating important authorities on a variety of subjects. Recent litigation highlights include acting for Solvay Pharmaceuticals against the FTC and in private antitrust litigation challenging settlements of patent infringement litigation; and acting for BASF in a high-profile case regarding a conspiracy to fix prices and allocate customers and markets for certain urethane products. Practice leader Robert Bloch, whose background includes an 18-year tenure at the DOJ, is part of a team representing Cypress Semiconductor in approximately 75 class actions brought by direct and indirect purchasers of SRAM chips alleging that the client and other manufacturers fixed prices over a nine-year period. The team has also handled numerous matters for United Airlines over the years and has always had the client dismissed from actions without having to make a payment. Richard Favretto is ‘extremely effective in dealing with government enforcement agencies and with plaintiffs counsel’. He and John Roberti, who has ‘first-rate analytical abilities’, recently acted for United and UAL Corporation in Dominguez v UAL Corporation (DDC), winning a motion for summary judgment against allegations that United’s refusal to allow resale of tickets violated antitrust law. Elizabeth Mann recently joined the Los Angeles office from McDermott Will & Emery LLP.
Within M&A: large deals ($1bn-5bn), Mayer Brown is a second tier firm,
At ‘top-notch’ Mayer Brown, ‘the level of service is extremely high. It is available, responsive and thoughtful in its work’. Key matters included representing Caterpillar in its $8.6bn acquisition of Bucyrus International, a global company which designs and manufactures high productivity mining equipment for the surface and underground mining industries, advising Dow Chemical in the $1.63bn sale of its Styron Division, a producer of plastics products, and assisting Ocwen Financial Corporation and its wholly-owned subsidiary, Ocwen Loan Servicing, in its $1.3bn acquisition of US mortgage servicing business HomEq Servicing. The practice also advised ACE American Insurance Company in its $1.1bn acquisition of the remaining 80% of Rain and Hail Insurance Service, the second largest crop insurance underwriter in the US. In the mid-market, the firm represented Progress Rail Services, a wholly-owned subsidiary of Caterpillar, in its $820m acquisition of Electro-Motive Diesel, a manufacturer of diesel-electric locomotives and diesel power engines, from private equity firms Berkshire Partners and Greenbriar Equity Group, and advised Ellora Energy, an oil and gas exploration and production company, in its merger into a subsidiary of a major integrated oil and gas company, for a cash consideration of approximately $695m. Recently, the team represented ProLogis in a stock-for-stock merger of equals with AMB Property Corporation, and advised the special committee of the board of directors of Pre-Paid Legal Services in the $650m sale of Pre-Paid Legal Services, a seller of legal expense plans which allow members to access legal services through a network of independent law firms. Chicago-based Marc Sperber is a key contact. Also in Chicago, Elizabeth Raymond has ‘industry knowledge and is a good team builder’. M&A head Scott Davis is recommended.
Real estate and construction
Within Real estate, Mayer Brown is a third tier firm,
At Mayer Brown, the highly regarded Jeffrey Usow and Keith Willner chair the firm’s Americas real estate group. This ‘excellent’ 60-attorney team is based in offices in Chicago, Los Angeles, Washington DC, New York, Charlotte and Houston. Frank Arado, who is ‘very helpful with big-picture issues and advice’, advised Bank of America Merrill Lynch, a longstanding client, as administrative agent on the syndicated financing of a large public retail outlet valued at $500m. Strong negotiator Neil Wasserstrom and Brian Aronson represented Digital Realty Trust on its $750m acquisition of five data centers in California, Virginia and Arizona, and represented one of CB Richard Ellis Investors’ funds on its $128m acquisition of four office buildings. Paul Meyer and Patrick McNerney represented the senior management on the transfer, via reverse merger, of the shares of Lillibridge Healthcare Real Estate Trust and LHP B Trust to Ventas and its affiliates. The team advised Wachovia on restructuring a $155m mezzanine loan, and represented Cabot Properties in its $115m acquisition of nine industrial properties located in four states. Another significant deal for the team was its recent representation of Metropolitan Life Insurance Company on a $160m loan origination, secured by the signature waterfront property Washington Harbour, to an affiliate of Rockpoint and MRP. Despite several partner departures, the firm remains an important player in the real estate market. Jason Sito, Lawrence Knowles, Frank Henneburg and Timothy Choppin are recommended.
Tax
Within Domestic tax: Central, Mayer Brown is a first tier firm,
Mayer Brown’s Illinois-based tax practice has achieved national and international penetration. The team handles far more instructions out of state and region than it does locally. Globally, the tax practice divides into two disciplines, tax transactions and tax controversy, and Chicago is extremely strong in both. The transactional and advisory expertise on offer includes complex tax-planning, as well as regional tax niches such as financing, bio-tech, pharma and life science corporate transactions, real estate, insurance and reinsurance. Restructuring assignments continue to occupy team members; in a recent representation, New York partner Jason Bazar joined Chicago senior counsel Timothy Sherck to represent True Temper Sports in connection with its complex Chapter 11 reorganization. A significant uptick in transactions, particularly those with an international element, flowed through into instructions such as James Barry’s representation of Transcanada in a $26bn joint venture with Exxon to build an Alaskan pipeline, and Thomas Bottomlee’s advice to Xe Services in the $200m disposal of Aviation Worldwide Services to AAR Corporation. Other strong practitioners in the Chicago group include William Levy, who advises a high volume of finance deals and has ‘a keen eye for detail and takes a wider perspective than most tax lawyers’; George Craven, who specializes in insurance company taxation, the tax aspects of financing, and inward investment to India; and Robert Kelman, recommended as a highly experienced corporate tax lawyer with the broad practice. Active or recent clients of the tax department include Caterpillar, Assured Guaranty, Brunswick Corporation, JPMorgan and Chicago Board of Trade.
Within Domestic tax: East Coast, Mayer Brown is a third tier firm,
Mayer Brown’s East Coast tax group houses 12 partners spread between the firm’s offices in New York, Charlotte and Washington DC. Washington DC-based Kenneth Klein is firm-wide practice leader of the tax transactions and planning department, which includes the international tax group. The expertise on offer is broad, ranging across corporate transactions, restructuring and capital markets work. The practice has niches in renewable energy tax credits, and shipping taxation. In New York, Jason Bazar, who worked with James Barry from the Chicago office on Assured Guaranty’s $750m acquisition of Financial Security Assurance Holdings, ‘is easy to work with and he and his team have excellent response times’. The Charlotte lawyers handle numerous banking matters, for which Hayden Brown and Robert Mendenhall are recommended. Practice clients include Bank of America, Metropolitan Life Insurance and Carlyle Group.
Within International, Mayer Brown is a third tier firm,
Mayer Brown’s worldwide complement of tax lawyers, most of who are US-based, includes 70 specializing in transactions and planning, and a further 55 in controversy and transfer pricing. Overseas, Paris is the flagship European office although the German offering is also strong. The 2009 ‘alliance’ formed with the Brazilian law firm Tauil & Chequer Advogados in association with Mayer Brown LLP is expected to develop into a full merger in the short term. Washington DC-based Kenneth Klein, who heads the global tax transactions and planning department, worked with Rafic Barrage on major recent assignment to advise in the multibillion-dollar acquisition of pan-European company by US multinational. Chicago residents James Barry and George Craven are both highly recommended and within wider practices, add tax expertise to insurance sector instructions. Jonathan Sambur in Washington DC is recommended for offshore disclosure program instructions. The transfer pricing practice is mentioned in the tax controversy section. Clients recently provided with cross-border tax advice include Norwegian Cruise Line, Carlyle Group and United Parcel Service.
Within Tax controversy, Mayer Brown is a first tier firm,
Mayer Brown’s combined tax controversy and transfer pricing practice has achieved national penetration. Commended for a partner-led approach, the 40-lawyer group ‘gives outstanding service; the promptness is unparalleled and the diverse talent provides a wide array of knowledge and experience’. It is one of the few firms with the capacity to litigate several complex tax controversy cases simultaneously. Chicago houses the largest team, with smaller but equally expert groups in New York, Palo Alto and Washington DC. Effective team building and excellent inter-office communications overcome geographic distance. Much of the tax practice work is self-generated, although the impressive support is also provided to other departments. The ‘outstanding’ Joel Williamson in Chicago and Larry Langdon in Palo Alto co-chair the practice. In a high-profile instruction, Chicago’s Thomas Kittle-Kamp, who ‘provides practical advice as well as in depth technical analysis’, and Washington DC-based David Abbott and Nicole Reuling, ‘an accomplished courtroom performer’ recently promoted to equity partner, are representing Union Bank of California in a case involving leveraged leases of hydroelectric power facilities and sports entertainment complexes. The same trio, were joined by Williamson and two other Chicago residents, Thomas Durham and William Schmalzl, to conclude a major victory for Consolidated Edison Company of New York before the US Court of Federal Claims: the $400m case involved the taxation of a complex leveraged lease transaction. Other recommended lawyers in Chicago include Patricia Anne Rexford, for transfer pricing and tax credit matters, and Scott Stewart for a wide range, including economic substance and competent authority disputes. In Washington DC, Charles Triplett, is probably the most knowledgeable lawyer in the US on advance pricing agreements and competent authority negotiations. Clients include Exelon, Flextronics, Guidant Corporation, JPMorgan and Wells Fargo Bank.
Further information on Mayer Brown
Please choose from this list to view details of what we say about Mayer Brown in other jurisdictions.
China
Offices in Shanghai, Guangzhou, and Beijing
- Banking and finance : Foreign firms
- Corporate & M&A : Foreign firms
- Dispute resolution : Foreign firms
- Projects and energy : Foreign firms
- Real estate : Foreign firms
- Tax : Foreign firms
Hong Kong
Offices in Hong Kong
- Asset finance : Asset finance
- Banking and finance : Banking and finance
- Capital markets (debt) : Capital markets (debt)
- Capital markets (equity) : Capital markets (equity)
- Construction : Construction
- Corporate (including M&A) : Corporate (including M&A)
- Dispute resolution : Dispute resolution
- Employment : Employment
- Insurance : Insurance
- Intellectual property : Intellectual property
- Projects and energy : Projects and energy
- Real estate : Real estate
- Regulatory : Regulatory
- Restructuring and insolvency : Restructuring and insolvency
- Shipping : Shipping
- Structured finance and securitisation : Structured finance and securitisation
- TMT : TMT
London
Offices in London EC2M and London EC3A
- Corporate and commercial : Corporate tax
- Corporate and commercial : EU and competition
- Corporate and commercial : Financial services
- Corporate and commercial : Flotations: small and mid-cap
- Corporate and commercial : M&A: upper mid-market and premium deals, 250m+
- Corporate and commercial : M&A: US law capability
- Corporate and commercial : Private equity: transactions
- Corporate and commercial : VAT and indirect tax
- Corporate and commercial : Venture capital
- Dispute resolution : Banking litigation: investment and retail
- Dispute resolution : Commercial litigation
- Dispute resolution : International arbitration
- Dispute resolution : Professional discipline
- Finance : Acquisition finance
- Finance : Bank lending: investment grade debt and syndicated loans
- Finance : Corporate restructuring and insolvency
- Finance : Debt capital markets
- Finance : Derivatives and structured products
- Finance : Emerging markets
- Finance : Investment funds
- Finance : Securitisation
- Human resources : Employee share schemes
- Human resources : Employment
- Human resources : Pensions
- Insurance : Insurance: corporate and regulatory
- Insurance : Insurance: insolvency and restructuring
- Insurance : Insurance and reinsurance litigation
- Insurance : Product liability: defendant
- Insurance : Professional negligence
- Projects, energy and natural resources : Mining and minerals
- Projects, energy and natural resources : Oil and gas
- Projects, energy and natural resources : Power (including electricity, nuclear and renewables)
- Real estate : Commercial property
- Real estate : Construction
- Real estate : Environment
- Real estate : Property finance
- Real estate : Property litigation
- TMT (technology, media and telecoms) : Brand management
- TMT (technology, media and telecoms) : IT and telecoms
- TMT (technology, media and telecoms) : Intellectual property
- TMT (technology, media and telecoms) : Media and entertainment
- TMT (technology, media and telecoms) : Pharmaceuticals and biotechnology
Thailand
Offices in Bangkok
- Legal market overview : Legal market overview
- Restructuring and insolvency : Restructuring and insolvency
United States
Offices in Washington DC, New York, Houston, Chicago, Los Angeles, Charlotte, and Palo Alto
- Finance : Asset finance and leasing
- Finance : Bank lending (including other sources of financing)
- Finance : Capital markets: debt offerings
- Finance : Capital markets: equity offerings
- Finance : Corporate restructuring
- Finance : Financial services: regulatory
- Finance : Project finance
- Finance : Structured finance
- Industry focus : Environment: litigation
- Industry focus : Insurance: advice to insurers
- Industry focus : Insurance: non-contentious
- Intellectual property : Overview
- Intellectual property : Patent litigation: full coverage
- Intellectual property : Trademarks: litigation
- Investment fund formation and management : Private equity funds
- Litigation : Product liability and mass tort defense: toxic tort
- Litigation : Supreme Court and appellate
- Litigation : Trade secrets
- Litigation : White-collar criminal defense
- Media, technology and telecoms : Technology: data protection and privacy
- Media, technology and telecoms : Technology: outsourcing
- Media, technology and telecoms : Telecoms and broadcast: regulatory
- Mergers, acquisitions and buyouts : Antitrust
- Mergers, acquisitions and buyouts : M&A: large deals ($1bn-5bn)
- Real estate and construction : Real estate
- Tax : Domestic tax: Central
- Tax : Domestic tax: East Coast
- Tax : International
- Tax : Tax controversy
Vietnam
Offices in Ho Chi Minh City and Hanoi
- Legal market overview : Legal market overview
- Banking and finance : Banking and finance
- Capital markets : Capital markets
- Corporate and M&A : Corporate and M&A
- Projects and energy : Projects and energy
- Real estate and construction : Real estate and construction
- TMT (technology, media and telecoms) : TMT (technology, media and telecoms)